- If you are considering filing for divorce in Colorado, you will need to complete a number of steps in order to finalize the process. For the best results, you’ll want to consult with divorce attorneys in Denver to help you through the process.
1. Gather all the required documents.
In order to file for divorce in Colorado, you must meet the residency requirements. You must have been a resident of Colorado for at least ninety days before you file for divorce. If you have been a resident of Colorado for less than ninety days, you may still file for divorce, but your case will be dismissed if the court finds that you did not meet the residency requirements.
The documents you will need to file for divorce in Colorado include:
- A completed Petition for Divorce
- A copy of your marriage certificate
- A copy of your divorce decree (if you have been previously married)
- A Financial Affidavit
- A Child Support Worksheet
- A Parenting Plan (if you have children)
- A Child Custody Order (if you have children)
- A Property Settlement Agreement (if you have property to divide)
- A Civil Cover Sheet
- A Summons
- A Waiver of Service
- A Notice of Appearance
- A Certificate of Service
2. File the Petition for Divorce.
The divorce petition is the document that initiates the divorce process. It includes basic information about you and your spouse, as well as the grounds for the divorce. You can download a copy of the divorce petition form from the Colorado Judicial Branch website.
You can file the divorce petition in person at the district court in the county where you live, or you can file it by mail. If you file by mail, be sure to include a self-addressed stamped envelope. There is a filing fee associated with this process, so you will need to be prepared to pay it.
3. Serve the divorce petition on your spouse.
Once you have filed the divorce petition, you must serve it on your spouse. This is the process of giving your spouse a copy of the petition and notifying him or her of the pending divorce. You can serve your spouse in person, by mail, or by leaving it at his or her residence. If you serve your spouse by mail, you must send the petition by certified mail, return receipt requested.
If you are unable to serve your spouse personally, you can ask the court to appoint a process server to do it for you. If your spouse is represented by an attorney, you must also serve the attorney with a copy of the petition.
4. Wait for your spouse to respond.
Once you have served the divorce petition on your spouse, he or she has 30 days to file an answer with the court. An answer is a document that responds to the allegations made in the petition and sets forth your spouse’s position on the divorce. If your spouse does not file an answer, the court will assume that he or she does not contest
5. Finalize the divorce.
If your spouse does respond, the next step is to go to court and begin the divorce process. You and your spouse will need to attend a hearing and present evidence to support your case. The judge will then make a decision and issue a final divorce decree.
If you are unable to reach an agreement with the other party, the court will decide how to divide the assets and debts. The court will consider the factors set forth in the Colorado statutes. The most important factors are the length of the marriage, the age and health of the parties, and the income and earning capacity of the parties.
If you are considering filing for divorce in Colorado, it is important to consult with a qualified divorce attorney. A divorce attorney can help you understand the process and will represent your best interests in court.